Discussion For The Improvement Of Compulsory Medical

As one of the special procedure branch of the criminal procedure law, it’s ruled for the duty of court, procurator and police, and also the right of the respondent and the victim, and together with the technological process and the term. It reflects the improvement of our legal system. However, in the background of development, on the current situation, problems still exist. Owing to the problems, the stabbings of mental patient, and the incidents of “beijingshenbing”, often occur. The former causes social panic, and the latter shakes the social justice. Specific speaking, the paper picks up the following problems: 1. Because of the medical factor of this special procedure, the court considers the fact simply from the judicial angle is unfair. 2. From the subject, the term and the content, the temporary protection measures is showing unclear. Obstructing the execution, supervision and the relieve to come true. 3. In the relief areas, the rescind of the debtor and the claims of the victim are hardly achieve. 4. In the field of the Ankang hospital(that is the place where the debtors in), having the problems of, the unclear in the term, the fake of the appraisal and the shortage of the fund.Against the above problems, the countermeasures are as follows: 1. Introduce the system of the export acting as a witness. Let the export in mental medical field take part in the procedure of identified the fact of the case. Stopping the situation of the judge diagnosis of the disease. Join the medical export to aid the judge to firm the facts. Making use of the justice of the procedure to achieve the justice of the entity. 2. Building the system of custody for the appraisal. Making the period---from the discovery of the suspected mental patient to making the decision of whether get on with the compulsory medical---more institutionalization and transparency. Locking the power into the cage of system. And turn the power more accountability. 3. In the problem of relief, for the debtor, on one side, building up the system of regular assess. Making sure that the debtor could get out when rehabilitation, and form the evidence for the debtor to achieve the relieve, at the same time. On the other side, endow the rescind application to the procurator ate, let power lead the right, both individual interests and the wake of social rights awareness could receive. For the victim, it’s better to set up the foundation of payment, make use of the financial resources of government and the society, make up the victim’s damage as soon as possible. Solving the potential social contradiction. 4. On the problems of Ankang hospital, it’s better to turn thehospital into a separate mechanism. Using systematic rules, separate governmental system and separate financial system, to let the independent lead open and transparent.